Read the full judgment text of CACC 000217/1989 on BabelCite. This Court of Appeal judgment was delivered on 24 October 1989 before Yang, C.J., Silke, V.-P. & Power J.A..
Criminal law – robbery with firearms – possession of firearms – use of firearm with intent to resist arrest – discharge of firearms in public streets during escape – sentencing – totality principle – guilty plea discount – consecutive sentences – starting point – deterrence – whether 22-year starting point excessive – whether 18 years was proper starting point for robbery count – whether discount of 3 years appropriate for D1 – whether additional discount for youth appropriate for D2 – whether 3-year consecutive element for D3 on use of firearm count excessive – proper discount of 2 years – illegal immigrants – recruited participants – bagman role – sentences reduced from 18 to 15 years for D1, from 16 to 14 years for D2, and from 21 to 17 years for D3.
Legal issues: Proper starting point for sentence for robbery with firearms where shots discharged on multiple occasions in public streets · Discount for guilty plea and personal circumstances · Consecutive element for use of firearm with intent to resist arrest
Outcome: Leave to appeal granted; sentences reduced for all three applicants.
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